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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24569
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Changing B2 to F1 visa

Customer Question

Good evening. My name is Natalia(I'm from Ukraine). I'm changing my status from B2 to F1 visa right now. I sent in the aplication( I-539) 4 month ago, and just got Form I-797 back, wich says that the evidence submitted with my form is insufficient to establish that I am eliogible to change my nonimmigrant status. they are asking for several additional evidence: intinerary of my travels(can it be letter from me about my travels+tickets and pictures?); the place where I was living during B2 visa; the statement addresing the efect of extendet stay in US on my residence abroad(what that should be?); statement of explanation/intentions pertaining to my request for F1, and intentions after i complete the program. I really don't know from where to strat and what hwould be the right answers. I will be really greatfull for your advise. help me, please, to understand whta exactly is needed. thanks a lot. I'm looking forward to your answer
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Judith replied 3 years ago.

Hello, welcome to JustAnswer, my name isXXXXX you for this opportunity to answer your questions.

they are asking for several additional evidence: itinerary of my travels(can it be letter from me about my travels+tickets and pictures?); the place where I was living during B2 visa;

The CIS is looking for evidence to establish that you did not enter the US intending to become a student. They consider it misrepresentation of the purpose of your entry when you were questioned by the inspector at the port of entry. They asked you what you plan on doing when you are in the US and you would have answered something about your tourist intent.

That is why they want to see an itinerary of your travels, including such things as plane tickets, train tickets, admission tickets to tourist sites, etc.

Therefore, submitting tickets and date stamped photos will help you establish the fact you did not lie or misrepresent your intent to be a tourist when you entered on the B2 tourist visa.

 

the statement addressing the efect of extendet stay in US on my residence abroad(what that should be?);

When you applied for your tourist visa you had to show evidence of your intent to return.

You would have told the consul that you had certain compelling ties such as family, school, a residence, and/or employment in a good job that you have held for a period of time.

The CIS is asking you to explain how it is that you had these compelling ties to return to in Ukraine but now they are not drawing you back there.

So they want to know how it is that you would then have the intent to return to Ukraine after you go to school because you said you would return after your tourist visit and then didn't go back home but instead applied to school

 

statement of explanation/intentions pertaining to my request for F1, and intentions after i complete the program.

Again, the CIS wants you to explain how you will be drawn back to Ukraine after you finish school. How finishing school here in the US will give you an advantage on the job or in your studies you would continue in Ukraine after you finish your US program. You will have to explain to CIS your intent to return and have them believe you just as the consul believed you when you had your visa interview.

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

 

Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 24569
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Judith and 7 other Immigration Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you so much for your help, Judith. I have another question.
so I came here as a J1 student to work for the summer, than I had no time to travel i asked for extention for B2 to see more of the country, and than I realized that I can thransfare my cradits to Us college and continue studying here, so If my reason to study here is because I really want to work In USA, and it have been my dream to be here from childhood. I am impresed and inspired by oportunitie here in the field of my studies( physical therapy), but I need to get my degree here to be able to work ligally. Is that right thing to tell in the letter to USCIS(it;s truth at least)? or it will be a reason to deny? or should I say that I need a degree to qualify for a better job in Ukraine(which is not true?). I'm just lost. help me please.
Expert:  Judith replied 3 years ago.

Very big mistake to tell CIS you have wanted to live in the SU shice you were a child!

You have to have an intent to return to your country to qualify for the student visa.

You have to meet the same burden with CIS as you would have to meet with the consul in a visa interview

 

1.2. What is nonimmigrant intent?

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B), (F), (J) or (M) of the Immigration and Nationality Act. The Department of State (DOS) will not issue a visa to those who do not meet the requirements. The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. One common way that applicants can prove the existence of such a residence is by demonstrating that they have ties abroad that would compel them to leave the United States at the end of the temporary stay. The law places this burden of proof on the applicant.

Ties are the various aspects of a nonimmigrant's life -- possessions, employment, social and family relationships -that bind the nonimmigrant to his or her country of residence. Some examples of relevant ties in foreign countries are a job, a house, social and family relationships, or a bank account. Consular officers are aware that ties differ from person to person.

During the visa interview, officers look at each application individually and consider professional, social, cultural and other factors. For younger applicants (such as students) who may not have had an opportunity to form many ties, consular officers may look at the applicant's specific intentions, family situations, and long-range plans and prospects within his or her country of residence. Each case is examined individually and is accorded every consideration under the law.

For more information on qualifying for nonimmigrant visas, see the DOS Web site at http://travel.state.gov/visa/frvi/denials/denials_1361.html

 

 

WHAT IS SECTION 214(b)?

Section 214(b) is part of the Immigration and Nationality Act (INA). It states:

Every alien shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, or at the time of application for admission, that he is entitled to a nonimmigrant status...

To qualify for a visitor or student visa, an applicant must meet the requirements of sections 101(a)(15)(B) or (F) of the INA respectively. Failure to do so will result in a refusal of a visa under INA 214(b). The most frequent basis for such a refusal concerns the requirement that the prospective visitor or student possess a residence abroad he/she has no intention of abandoning. Applicants prove the existence of such residence by demonstrating that they have ties abroad that would compel them to leave the U.S. at the end of the temporary stay. The law places this burden of proof on the applicant.

Judith

 

I am happy to answer follow-up questions for you at no additional cost.

If you want to request me in the future start your question "FOR JUDITH" and I will answer quickly.

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